[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3486 Introduced in House (IH)]





104th CONGRESS
  2d Session
                                H. R. 3486

 To dispose of certain Federal properties at Dutch John, Utah, assist 
local government in the interim delivery of basic services to the Dutch 
                John community, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 1996

  Mr. Orton introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To dispose of certain Federal properties at Dutch John, Utah, assist 
local government in the interim delivery of basic services to the Dutch 
                John community, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that:
            (1) Dutch John, Utah was founded by the United States 
        Department of the Interior's Bureau of Reclamation in 1958 on 
        Reclamation lands as a community to house personnel, 
        administrative offices, and equipment for project construction 
        and operation of Flaming Gorge Dam and Reservoir as authorized 
        by the Colorado River Storage Act. Permanent structures 
        including houses, administrative offices, equipment storage and 
        maintenance buildings, and other public buildings and 
        facilities were constructed and continue to be owned and 
        maintained by the Bureau of Reclamation.
            (2) Reclamation lands surrounding Flaming Gorge Reservoir, 
        including the Dutch John townsite, were included within the 
        boundaries of the Flaming Gorge National Recreation Area (NRA) 
        in 1968 under Public Law 90-540. The Act gave administration, 
        protection and development of the National Recreation Area to 
        the Secretary of Agriculture (acting through the United States 
        Forest Service) provided that lands and waters needed or used 
        for the Colorado River Storage project would continue to be 
        administered by the Secretary of the Interior (acting through 
        the Bureau of Reclamation). Most structures within Dutch John, 
        including the community's schools and public buildings occupy 
        lands administered by the United States Forest Service.
            (3) The Bureau of Reclamation and the United States Forest 
        Service are unnecessarily burdened with costs of continuing to 
        provide basic services, facilities and building maintenance, 
        and administrative costs of operating the community of Dutch 
        John. Certain structures and lands are no longer essential to 
        management of the project or to management of the National 
        Recreation Area.
            (4) Residents of the community are interested in purchasing 
        the homes they currently rent from the Bureau of Reclamation 
        and the land upon which they were built. Daggett County, Utah 
        (County) is interested in reducing the financial burden it 
        experiences in providing local government support services to a 
        community which produces little direct tax revenue due to 
        Federal ownership. A withdrawal of the Federal Government's 
        role of providing basic direct community services to Dutch John 
        would require local government to provide such services and at 
        substantial cost.
            (5) Residents are interested in self-government of their 
        community. With growing demands for additional commercial 
        recreation services for National Recreation Area and Ashley 
        National Forest visitors, there are opportunities for private 
        economic development, but few private lands are available for 
        such use.
            (6) The privatization and disposal to local government of 
        certain lands in and surrounding Dutch John would be in the 
        public's interest.
    (b) Purposes.--The purposes of this Act are to privatize certain 
lands in and surrounding Dutch John; transfer jurisdiction of certain 
Federal property between the Secretary of the Interior and the 
Secretary of Agriculture; complement the Flaming Gorge National 
Recreation Area; dispose of certain residential units, public 
buildings, and facilities; and provide interim financial assistance to 
local government to defray costs of providing basic governmental 
services in order to achieve efficiencies in operation of Flaming Gorge 
Dam and Reservoir and the National Recreation Area, reduce long-term 
Federal outlays, and serve the interests of the residents of Dutch 
John, the County of Daggett, and the general public.

SEC. 2. LANDS AND PROPERTIES FOR DISPOSAL.

    (a) In General.--Certain lands, structures, and community 
infrastructure facilities at Dutch John, Utah, which have been 
identified by the Secretary of Agriculture, acting through the United 
States Forest Service, or the Secretary of the Interior, acting through 
the Bureau of Reclamation, as no longer necessary for support of the 
respective missions of the agencies, shall be transferred or disposed 
as provided by this Act.
    (b) Land Description.--The following described lands, comprising 
2,450 acres more or less, within or associated with the Dutch John 
community, having been determined as available for transfer or disposal 
by the Secretaries of the Interior and Agriculture, shall be disposed 
as provided by this Act, except for properties and land, 75 acres more 
or less, to be retained and as specifically excluded by subsection (e):
            Salt Lake Base and Meridian:
                    Township 2 North, Range 22 East:
                            Section 1: NW\1/4\NW\1/4\; S\1/2\NW\1/4\; 
                        S\1/2\
                            Section 2: S\1/2\
                            Section 11: All
                            Section 12: All
                            Section 13: N\1/2\
                            Section 14: E\1/2\NE\1/4\
                    Township 2 North, Range 23 East:
                            Section 3: 10 acres more or less within 
                        NE\1/4\SW\1/4\
    (c) Infrastructure Facilities.--Community infrastructure 
facilities, having been determined as available for transfer or 
disposal by the Secretaries of the Interior and Agriculture, unless 
otherwise specifically excluded by subsection (e), shall be disposed of 
including each of the following:
            (1) Fire station, sewer systems and sewage lagoons, water 
        systems except as provided in section 2(e)(3), post office, 
        electrical and natural gas distribution systems, hospital 
        building, streets, street lighting, alleys, sidewalks, parks, 
        and community buildings located within or serving Dutch John, 
        including, but not limited to fixtures, equipment, land, 
        easements, rights-of-way or other property primarily used for 
        operation, maintenance, replacement, or repair of the 
        foregoing.
            (2) The Dutch John Airport comprising 25 acres, more or 
        less, including runways, roads, rights-of-way, and all 
        appurtenances thereto, and subject to appropriate monitoring 
        and any remedial action as may be necessary by the United 
        States.
            (3) The lands upon which are located the Dutch John public 
        schools comprising 10 acres more or less.
    (d) Other Properties.--Other properties and facilities, having been 
determined as available for transfer or disposal by the Secretaries of 
the Interior and Agriculture, shall be disposed under this Act 
including each of the following:
            (1) Certain currently occupied residential units as 
        determined by the Bureau of Reclamation.
            (2) Certain currently unoccupied residential units as 
        determined by the Bureau of Reclamation.
            (3) Lots within Dutch John community, currently occupied by 
        privately owned modular homes under a lease agreement with the 
        Bureau of Reclamation.
            (4) Unoccupied platted lots within Dutch John community.
            (5) The land, 3.8 acres more or less, upon which is located 
        a Latter Day Saints church, Block 9, Townsite of Dutch John.
            (6) The lands upon which the United States Forest Service 
        has issued special use permits, easements, or rights-of-way for 
        commercial uses.
            (7) The lands upon which are located the offices, 3 
        employee residences, and facilities of the Utah Division of 
        Wildlife Resources, to be accurately described by survey as 
        directed under section 5, to generally include those yards and 
        grounds defined by existing fences.
            (8) Lands within or adjacent to the Dutch John townsite, to 
        be identified and mutually agreed to by Daggett County, the 
        United States Forest Service, and the Bureau of Reclamation, 
        suitable for construction, development, and use of a community-
        use solid waste transfer point of similar acreage as the 
        existing landfill site.
            (9) Such existing and in-place fixtures and furnishings 
        mutually determined by Daggett County, the United States Forest 
        Service, and the Bureau of Reclamation as necessary to the full 
        use of properties or facilities to be disposed.
            (10) Such other properties or facilities at Dutch John for 
        which the Bureau of Reclamation or the United States Forest 
        Service, now or in the future, may determine are no longer 
        necessary to achieve their respective missions and whose 
        disposal would be consistent with the findings and provisions 
        of this Act.
    (e) Retained Properties.--Certain lands, structures, and facilities 
shall be retained by the Bureau of Reclamation or the United States 
Forest Service for their respective use until or unless they are 
determined to be available for disposal including each of the 
following:
            (1) All buildings and improvements located within 
        Reclamation's industrial complex including, but not limited to 
        a maintenance shop, 40 industrial garages, 2 warehouses, 
        equipment storage building, flammable equipment storage 
building, and hazardous waste storage facility and the real estate upon 
which they are located.
            (2) Seventeen residences, 15 remaining in the jurisdiction 
        of the Bureau of Reclamation and 2 remaining in the 
        jurisdiction of the United States Forest Service.
            (3) The Dutch John water system raw water supply line and 
        return line between the powerplant and the water treatment 
        plant, pumps and pumping equipment, and any appurtenances and 
        rights-of-way thereto, with such retained facilities to be 
        operated and maintained by the United States with pumping costs 
        and operation and maintenance costs of the pumps to be included 
        as a cost to Daggett County in a water service contract.
            (4) The Dutch John Landfill site, which will remain under 
        United States Forest Service jurisdiction and which will be 
        subject to appropriate monitoring and any remedial action as 
        may be necessary by the United States with responsibility for 
        monitoring and remediation being shared by the United States 
        Forest Service and the Bureau of Reclamation proportionate to 
        their historical use of the facility.
            (5) Heliport and associated real estate, consisting of 20 
        acres more or less, which will remain in the jurisdiction of 
        the United States Forest Service.
            (6) United States Forest Service warehouse complex and 
        associated real estate, consisting of approximately 2 acres, 
        which will remain in the jurisdiction of the United States 
        Forest Service.
            (7) United States Forest Service office complex and 
        associated real estate, which will remain in the jurisdiction 
        of the United States Forest Service.

SEC. 3. REVOCATION OF WITHDRAWALS.

    For those lands to be transferred or disposed under section 2, each 
of the following withdrawals are hereby revoked, effective on the date 
of conveyance by Quitclaim Deed out of Federal ownership:
            (1) Public Water Reserve No. 16, Utah No. 7, dated March 9, 
        1914.
            (2) Secretary of the Interior Order dated October 20, 1952.
            (3) Secretary of Interior Order dated July 2, 1956, No. 
        71676.
            (4) Flaming Gorge National Recreation Area dated October 1, 
        1968 (Public Law 90-540).
            (5) Dutch John Administrative Site, dated December 12, 1951 
        (PLO 769, U-0611).

SEC. 4. TRANSFER OF JURISDICTION.

    (a) Transfers From United States Forest Service.--Except for lands 
to be retained by the United States Forest Service under section 2(e), 
all lands designated under section 2 for disposal and lands designated 
for Federal retention under section 2(e) shall be transferred from the 
jurisdiction of the Department of Agriculture to the Bureau of 
Reclamation and the Department of the Interior and removed from 
inclusion in the Ashley National Forest and the Flaming Gorge National 
Recreational Area. The United States Forest Service shall continue to 
administer and be responsible for management of any United States 
Forest Service-issued special use permits or United States Forest 
Service facilities or improvements on lands to be disposed until such 
time as the subject lands are conveyed out of Federal ownership.
    (b) Federal Improvements.--The Secretary of the Interior is 
authorized to transfer to the Secretary of Agriculture jurisdiction 
over Federal improvements to be used by the United States Forest 
Service.
    (c) Withdrawals.--Notwithstanding the provisions of subsection (a), 
those lands retained by the Federal Government will continue to be 
withdrawn from mineral entry under the United States mining laws and 
subject to provisions of section 5 of the Act of 1968 (Public Law 90-
540), establishing the Flaming Gorge National Recreation Area.

SEC. 5. SURVEYS.

    The Secretary of the Interior, in cooperation with the Secretary of 
Agriculture, is directed to survey or resurvey all or portions of the 
Dutch John Community as may be necessary to accurately describe parcels 
identified for transfer among agencies, for Federal disposal, or for 
retention by the United States, and to facilitate future recordation of 
title.

SEC. 6. PLANNING.

    The Dutch John Community Plan, prepared in cooperation with the 
residents of Dutch John, the Bureau of Reclamation, and the United 
States Forest Service, will be recognized by the Bureau of Reclamation 
and the United States Forest Service as an indication of potential 
future land use. The Bureau of Reclamation and the United States Forest 
Service will cooperate with Daggett County in assuring that disposal 
processes are consistent with that plan and this Act.

SEC. 7. APPRAISALS.

    (a) In General.--Within 6 months after the enactment of this Act, 
the Secretary of the Interior shall conduct appraisals to determine 
fair market value of those properties designated for disposal under 
paragraphs (1), (2), (3), (5), and (7) of section 2(d). Appraisals 
shall be conducted for unoccupied platted lots referred to in section 
2(d)(4) within 3 months of receipt by the Secretary of the Interior 
from an eligible purchaser of a written notice of intent to purchase 
the lot concerned. Appraisals shall be conducted for lands and 
properties described under section 8(g) within 3 months of receipt by 
the Secretary of the Interior from the permit holder of a written 
notice of intent to purchase. Appraisals for implementation of that 
subsection may include permit-holder improvements and alternative land 
in order to conduct an in lieu land sale. Funds for such appraisals 
shall be derived from the Upper Colorado River Basin Fund. For occupied 
parcels, appraisals shall include the full fee value of the occupied 
lot or land parcel and the value of residences, structures, facilities, 
and existing, in-place federally owned fixtures and furnishings 
necessary for full use of the property. For vacant parcels, appraisals 
will consider potential future uses consistent with the Dutch John 
Community Plan referenced in section 6 and that Plan's land use map and 
subsection (c).
    (b) Reclamation for Improvements.--Appraisals of residences or 
structures and facilities leased for private use shall deduct the 
contributory value of improvements made by the current occupant or 
lessee if such occupant or lessee provides reasonable evidence of 
expenditure of monies or materials in making such improvements.
    (c) Current Use.--Appraisals shall consider current use of 
properties, housing as community residences, and avoid uncertain 
speculation as to potential future use.
    (d) Review.--Appraisals shall be made available by the Secretary of 
the Interior for review by current occupants or lessees who may provide 
additional information or protest the findings of the appraisal in 
writing to the Bureau of Reclamation's Upper Colorado Regional 
Director. The Bureau of Reclamation will consider such comments or 
protests and is authorized to conduct a second appraisal if deemed 
necessary to resolve issues.
    (e) Inspection.--The Secretary of the Interior shall provide 
opportunities for other qualified, interested, purchasers to inspect 
completed appraisals.

SEC. 8. DISPOSAL OF PROPERTIES.

    (a) Conveyances.--The Secretary of the Interior shall dispose of 
properties identified for disposal in section 2, except for properties 
identified for retention by the United States Forest Service in section 
2(e), without regard to law governing patenting. Unless specifically 
stated otherwise, conveyance of buildings, structures, and facilities 
is ``as is'' and is intended to include the land parcel upon which they 
are situated. Existing and in-place fixtures and furnishings necessary 
for the full use of the properties or facilities will be conveyed along 
with the property. The Secretary of the Interior shall assure 
reasonable and prudent maintenance and proper care of property to be 
disposed until title has passed. Recipients will be responsible for 
maintenance and proper care of property after title has passed. 
Recipients shall also be responsible for contamination of property 
which occurs after title has passed.
    (b) Infrastructure.--Community infrastructure facilities as 
described under section 2(c)(1) and (2) shall be conveyed without 
consideration to the County of Daggett, Utah.
    (c) School.--The lands upon which are located the Dutch John Public 
School, section 2(c)(3), shall be conveyed without consideration to the 
Daggett County School District.
    (d) Solid Waste Transfer Station.--Lands selected for use as a 
solid waste transfer point as described in section 2(d)(8) shall be 
conveyed without consideration to Daggett County.
    (e) Offices, Etc.--Lands upon which are located the Utah Division 
of Wildlife Resources' offices, 3 employee residences, warehouse, and 
facilities described in section 2(d)(7) shall be conveyed to the Utah 
Division of Wildlife Resources upon payment to reclamation of appraised 
fair market value. The Secretary of the Interior shall notify the 
Division in writing of the property's availability for purchase. Should 
no contract for sale be received by the Secretary of the Interior 
within 2 years of notification, the land shall be conveyed without 
consideration to Daggett County.
    (f) Residences and Lots.--(1) Residences and occupied residential 
lots to be disposed shall be sold for appraised fair market value. The 
Secretary of the Interior shall provide local general public notice and 
provide written notice to its lessees and to current occupants of 
residences and of occupied residential lots for disposal of its intent 
to sell such properties.
    (2) The holder of a current lease from the Secretary of the 
Interior for a residence to be sold (section 2(d)(1) and (2)) or for a 
residential lot currently occupied by a privately owned dwelling (as 
described in section 2(d)(3)), shall be provided 6 months from the date 
of the Secretary's written notice of intent to sell to execute a 
contract with the Secretary of the Interior to purchase such residence 
or lot for appraised fair market value. The lessee shall have 3 months 
in which to notify the Secretary in writing of intent to purchase. If 
no written notification of intent to purchase is received by the 
Secretary within 3 months, or if a purchase contract has not been 
signed within 6 months, the residence or lot shall become available for 
purchase by others under paragraph (3).
    (3) Current authorized occupants of residences to be sold, holders 
of a current reclamation lease for a residence within Dutch John, 
employees of the Bureau of Reclamation or the United States Forest 
Service currently residing in Dutch John, or other Federal agency 
mission-supporting individuals residing in Dutch John are eligible to 
purchase those resident properties which are not under reclamation 
lease and are designated for disposal by sale or those properties under 
paragraph (2) for which no intent to purchase or purchase contract was 
received within the established time period. Priority for purchase of 
properties available for purchase under this subsection shall be by 
seniority of reclamation lease or residency in Dutch John.
            (A) The Secretary of the Interior shall compile a priority 
        list of eligible potential purchasers with the household or 
        agency with the longest continuous residency or reclamation 
        issued residence lease in Dutch John first, followed by the 
        household or agency with the next longest continuous residency 
        or lease and so on until all eligible purchasers are ranked 
        numerically by seniority. If residency or continuous lease was 
        interrupted, only that most recent continuous residency or 
        lease shall be considered. No factor, including agency 
        employment or position, other than length of current residency 
        or lease will be considered in preparing the priority list. 
        Disputes over eligibility or ranking on the priority list shall 
        be filed in writing with the Secretary of the Interior, acting 
        through the Upper Colorado Regional Director of the Bureau of 
        Reclamation who shall consider such information or dispute and 
        make a determination to resolve the dispute. The Regional 
        Director is authorized to appoint a nonfunded Advisory 
        Committee comprised of one representative each from the Bureau 
        of Reclamation, Daggett County, and the Dutch John community to 
        review and provide advice to him on resolution of disputes 
        arising under subsections (f) and (g).
            (B) The Secretary of the Interior shall provide general 
        public notice and written notice by certified mail to eligible 
        purchasers listing properties available for purchase under this 
        subsection, their appraised fair market value, instructions for 
        potential eligible purchasers, and any purchase contract 
        requirements. Eligible purchasers shall have 3 months after 
        receipt of written notification to submit to the Secretary of 
        the Interior a written notice of intent to purchase a specific 
        available property at the listed appraised fair market value. 
        The Secretary of the Interior shall provide notice to the 
        potential purchaser with the highest eligible purchaser 
        priority for each property that it will have first opportunity 
        to execute a sales contract and purchase said property.
            (C) Should no purchase contract be executed by the highest 
        priority purchaser within 6 months, the property shall be put 
        up for sale to those remaining on the eligible purchaser 
        priority list.
            (D) No household may purchase more than one residential 
        property.
            (E) The Secretary of the Interior shall provide advice to 
        potential purchasers under subsections (f) and (g) in obtaining 
        appropriate and reasonable financing for residence or lot 
        purchase.
            (F) Those residence properties which are made available for 
        sale and for which a purchase contract has not been signed 
        within 2 years of the first intent of sale notice will be 
        conveyed without consideration to Daggett County.
    (g) Unoccupied Platted Lots.--Unoccupied platted lots as described 
in section 2(d)(4) shall be made available for sale to eligible 
purchasers for appraised fair market value, except for lots which the 
Secretary of the Interior may convey, upon request from Daggett County, 
directly to the County without consideration and specifically for 
public use purposes which are consistent with the Dutch John Plan. For 
lots to be sold, procedures for eligibility, priority, notification, 
notice of intent to purchase, purchase contract execution, and reoffer 
for sale under subsection (f) shall be applied. For each parcel, 
notification will include the Dutch John Community Plan land-use 
designation as referenced in section 6. No household may purchase more 
than one residential lot. No household purchasing an existing residence 
may purchase a ``single home, residential'' lot. Those lots made 
available for sale and for which no purchase contract has been signed 
within 2 years of first notice of intent to sell will be conveyed 
without consideration to Daggett County.
    (h) Special Use Permits.--Lands upon which United States Forest 
Service special use permits are issued to holders number 4054 and 9303, 
Ashley National Forest, comprising 15.3 acres and 1 acre respectively, 
may be sold at appraised fair market value to the holder of the permit. 
The Secretary of the Interior shall notify the respective permit 
holders in writing of the availability for purchase of the subject 
property. Appraisals of the properties shall not be conducted until a 
written notice of intent to purchase has been received by the Secretary 
of the Interior within 2 years of notification, the land concerned 
shall be conveyed without consideration to the County subject to 
execution of agreements as provided under subsection (i) and section 9. 
Upon request by permit holder 9303, the Secretary of the Interior, in 
consultation with the County, may consider sale of a parcel within the 
townsite of similar size and appraised value in lieu of the land 
currently under permit and may provide the holder credit toward 
purchase or other negotiated compensation for the appraised value of 
permittee's improvements to land currently under permit.
    (i) Transfers to County.--Other lands occupied by authorization of 
a United States Forest Service special use permit, easement, or right-
of-way shall be transferred to the County, provided the holder of the 
authorization and the County agree to and execute a legal document that 
grants the holder the rights and privileges provided in the existing 
United States Forest Service authorization or as otherwise satisfactory 
to the holder and the County, prior to transfer of said lands to the 
County.
    (j) Church.--Land upon which is located any established church 
shall be sold at appraised fair market value to the parent entity of 
that church. The Secretary of the Interior shall notify the church in 
writing of the property's availability for purchase. Should no contract 
for sale be received by the Secretary of the Interior within 2 years of 
notification, the land shall be conveyed without consideration to 
Daggett County.
    (k) Other Properties.--All other lands, buildings, or facilities 
designated for disposal will be conveyed without consideration to 
Daggett County.
    (l) Water Rights.--The Secretary of the Interior shall transfer all 
water rights it holds that are applicable to the Dutch John municipal 
water system to Daggett County. Transfer of rights and water supply is 
contingent upon Daggett County entering into a water service contract 
with the Secretary of the Interior covering payment for and delivery of 
untreated water to Daggett County pursuant to the Colorado River 
Storage Act. Such contract will require payment only for that water 
actually delivered. Existing rights and water supply for transfer to 
Daggett County include, but may not be limited to both of the 
following:
            (1) Utah Water Right 41-2942 (A30557, Cert #5903) for 0.08 
        cubic feet per second from a water well; and
            (2) Utah Water Right 41-3470 (A30414b), an unapproved 
        application to segregate 12,000 acre-feet per year of water 
        from the original approved Flaming Gorge water right (41-2963) 
        for municipal use in the town of Dutch John and surrounding 
        areas.
Such transfer of water rights is conditioned upon Daggett County's 
agreement to provide culinary water supplies to United States Forest 
Service campgrounds currently served by the water supply system and to 
United States Forest Service and Bureau of Reclamation facilities at a 
rate equivalent to other similar uses. The United States Forest Service 
and the Secretary of the Interior shall be responsible for maintenance 
of their water systems from the point of their distribution lines.
    (m) Shoreline Access.--Upon receipt of an acceptable application, 
the Secretary of Agriculture shall consider issuance of a Special Use 
Permit affording Flaming Gorge Reservoir public shoreline access and 
use within the vicinity of Dutch John in conjunction with commercial 
visitor facilities provided and maintained under such a permit.
    (n) Revenues.--All revenues derived from the sale of properties as 
authorized by this Act shall temporarily be deposited in a segregated 
interest-bearing trust account in the United States Treasury with the 
monies on hand in the account paid to Daggett County semiannually to be 
used by the County for purposes associated with the provision of 
governmental and community services to the community of Dutch John.

SEC. 9. VALID EXISTING RIGHTS.

    Should any leases, permits, rights-of-way, easements, or any other 
valid existing rights be appurtenant to properties conveyed to the 
County, the County shall honor and enforce the rights, through a legal 
document agreed to and executed by the County and the holder prior to 
the transfer of said lands to the County. The County may extend or 
terminate the agreement at the end of its term. During such period as 
the County is enforcing a former federally issued right through a legal 
agreement between the County and the permit holder, the County will 
collect and enjoy the benefit of any revenues previously due the 
Federal Government under the terms of the right. If the valid existing 
right has been extinguished or otherwise protected, the County may 
dispose of the subject property.

SEC. 10. ENVIRONMENTAL CONSIDERATIONS AND WAIVERS OF PUBLIC LAW.

    (a) Sensitive Resources.--The Secretary of Agriculture, acting 
through the United States Forest Service in cooperation with the 
Secretary of the Interior, acting through the Bureau of Reclamation and 
the United States Fish and Wildlife Service, shall conduct threatened 
and endangered species clearances, and other environmental reviews, 
identify sensitive resources, and, if deemed necessary by the Secretary 
of Agriculture and the Secretary of the Interior, formulate mitigation 
strategies to minimize potential effects to such resources on those 
lands to be disposed. The Secretary of the Interior, the Secretary of 
Agriculture, the State of Utah, and Daggett County shall negotiate 
implementation of such strategies to protect sensitive resources in a 
manner which is consistent with the purposes of this Act.
    (b) Cultural Resources.--Prior to transfer and disposal of any 
lands upon which are found cultural resources which may be eligible for 
recordation in the National Register of Historic Places, the Secretary 
of Agriculture, in consultation with the Utah Office of Historic 
Preservation and Daggett County, shall prepare a Memorandum of 
Agreement (MOA), for review and approval by the Utah Office of 
Historical Preservation and the National Advisory Council on Historic 
Preservation, which shall set forth a strategy for clearance or 
protection of cultural resources on affected lands. Until such time 
that a Memorandum of Agreement has been approved, or until lands are 
disposed as provided by this Act, the Secretary of Agriculture shall 
act diligently in proceeding to provide clearance or protection to such 
resources. For any cultural resources for which protection, clearance, 
or other actions identified in the Memorandum of Agreement have not 
been completed at time of disposal, Daggett County shall provide to the 
Secretary of Agriculture a written agreement to complete such actions 
provided for in the Memorandum of Agreement.
    (c) FLPMA.--Disposal, sale, and conveyance of lands and property 
under this Act shall be completed notwithstanding the provisions of 
sections 202 and 203, title II, of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712 and 1713) and other laws 
applicable to the sale or disposal of Federal property.
    (d) NEPA.--For purposes of compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332), the Secretary shall 
prepare an environmental assessment regarding the disposal, sale, and 
conveyance of lands and property under this Act .

SEC. 11. TRANSITION TO LOCAL GOVERNMENT CONTROL/SERVICES AND FUNDING 
              AUTHORIZATION.

    (a) Assistance.--The Secretary of the Interior shall provide 
training and transitional operating assistance to personnel designated 
by Daggett County as successors to the Secretary's operators of those 
infrastructure systems and facilities described under section 2(c). 
Such training shall continue so long as necessary to demonstrate 
reasonable capability to safely and efficiently operate systems, but 
not to exceed 2 years. The Secretary shall remain available to assist 
with resolving questions about systems' original design and 
installation, operating and maintenance needs, or other system issues.
    (b) Solid Waste.--The Secretary of Agriculture, in cooperation with 
the Secretary of the Interior and Daggett County, shall design, 
construct, and prepare for operation a community-use solid waste 
transfer point on lands noted in section 2(d)(8) and section 8(c). The 
facility shall comply with pertinent local, State, and Federal 
standards and regulations, and upon completion, shall be conveyed 
without consideration to Daggett County.
    (c) Annual Grant.--An annual grant of $500,000, adjusted annually 
corresponding to the Consumer Price Index, shall be provided from the 
Upper Colorado River Basin Fund to Daggett County and/or incorporated 
Dutch John for a period not to exceed 15 years for the purposes of 
defraying costs of transition in administration and provision of basic 
community services.
    (d) Division of Grant.--Should Dutch John be incorporated and 
become responsible for operating any of the disposed infrastructure 
facilities or for providing other basic local governmental services, 
the grant amount for the year of incorporation and each succeeding year 
shall be proportionately divided between Daggett County and Dutch John 
Town based upon the costs in the previous year in providing the 
respective governmental services.
    (e) Energy.--The United States shall make available electric power 
and associated energy from the Colorado River Storage Project for the 
Dutch John community. The amount of energy available shall not exceed 
1,000,000 Kwh per year. The rate for power and associated energy will 
be at the firm capacity and energy rates of the Salt Lake City Area/
Integrated Projects. Power and energy provided to the industrial 
complexes of the Bureau of Reclamation and the United States Forest 
Service shall be at cost.
    (f) Resource Recovery and Mitigation.--Such nonpower revenues are 
authorized to be appropriated to the United States Forest Service as 
may be necessary for implementation of habitat, sensitive resource, or 
cultural resource recovery, mitigation, or replacement strategies, but 
not to include acquisition of privately owned lands in Daggett County, 
which may be developed as per section 10(a) of this Act.
    (g) Solid Waste.--Such nonpower revenues are authorized to be 
appropriated to the Secretary of Agriculture as may be necessary for 
design, construction, and development of a solid waste transfer point 
to serve the community of Dutch John.
    (h) Authorization.--There is authorized to be appropriated such 
other sums as may be necessary to carry out the purposes of this Act.
                                 <all>